[1] This is the 2nd Defendant's application (encl 10) to strike out the Plaintiff's Writ and statement of claim dated 13 August 2018 pursuant to O 18 r 19(a), (b) and/or (d) of the Rules of 2012 (" ROC ").

[2] In the Writ and statement of claim, the Plaintiff is seeking for inter alia declaratory reliefs that the shareholders of the 1st Defendant namely the 2nd to the 4th Defendants are liable for all the debts or other liabilities of the 1st Defendant owed to the Plaintiff in the proportions of their shareholding in the 1st Defendant.

Background Facts

[3] The 1st Defendant is an incorporated Joint Venture formed between the 2nd, 3rd and 4th Defendants (collectively referred to as "the shareholders") with shareholding interest of 40%, 30% and 30% respectively.

[4] The 2nd Defendant is a company incorporated in Malaysia, the 3rd Defendant is a company incorporated in Vietnam whilst the 4th Defendant is a company incorporated in Indonesia.

[5] The 1st Defendant was then appointed as an operator to undertake petroleum operations at the project site known as Offshore Sarawak Block SK305 ("the project").

[6] On 28 November 2008, the 1st Defendant entered into a contract with MISC Berhad for